Dauphin County Reporter (USPS )

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1 ADVANCE SHEET THE Dauphin County Reporter (USPS ) A WEEKLY JOURNAL CONTAINING THE DECISIONS RENDERED IN THE 12th JUDICIAL DISTRICT Pages No. 5542, Vol. 122 February 24, 2006 No. 134 Entered as Second Class Matter, February 16, 1898, at the Post Office at Harrisburg, Pa., under the Act of Congress of March 31, 1879 Williams v. Kerr 469 Bar Association Page Inside Back Cover

2 THE DAUPHIN COUNTY REPORTER Edited and Published by the DAUPHIN COUNTY BAR ASSOCIATION 213 North Front Street Harrisburg, PA (717) DONALD MORGAN Executive Director JOYCE TAMBOLAS Administrative Assistant BRIDGETTE L. HILBISH Office Assistant Printed by KURZENKNABE PRESS 1424 Herr St., Harrisburg, PA THE DAUPHIN COUNTY REPORTER (USPS ) is published weekly by the Dauphin County Bar Association, 213 North Front Street, Harrisburg, PA Periodical postage paid at Harrisburg, PA. POSTMASTER: Send address changes to THE DAUPHIN COUNTY REPORTER, 213 North Front Street, Harrisburg, PA TERMS For NON-MEMBERS of the Dauphin County Bar Association: Bound Volume 120 $ Advance Sheets, Volume 121 $ For MEMBERS of the Dauphin County Bar Association: Bound Volume 120 $ Advance Sheets, Volume 121 $ Advertisements must be received before 12 o clock noon on Tuesday of each week at the office of the Dauphin County Reporter, 213 North Front Street, Harrisburg, PA Telephone (717) Estate Notices DECEDENTS ESTATES NOTICE IS HEREBY GIVEN that letters testamentary or of administration have been granted in the following estates. All persons indebted to the estate are required to make payment, and those having claims or demands to present the same without delay to the administrators or executors or their attorneys named below. FIRST PUBLICATION ESTATE OF BENJAMIN J. DEMARCO, late of Derry Township, Dauphin County, Pennsylvania. Administrator: Fulton Financial Advisors, 555 Willow Street, P.O. Box 448, Lebanon, PA Attorney: Thomas N. Cooper, Esq., Steiner, Sandoe & Cooper. f24-m10 ESTATE OF PAUL SHUEY, late of Lower Paxton Township, Dauphin County, Pennsylvania. Executor: Brian P. Bertolette. Attorney: Roger M. Morgenthal, Esq., 2515 North Front Street, Harrisburg, PA f24-m10 ESTATE OF THOMAS W. EASTON, late of the Borough of Pennbrook, Dauphin County, Pennsylvania (died January 22, 2006). Executor: Steven F. Burke, 427 Cherokee Drive, Mechanicsburg, PA Attorney: Diane G. Radcliff, Esq., 3448 Trindle Road, Camp Hill, PA Phone (717) f24-m10 ESTATE OF CAROLE A. LETTS, late of Susquehanna Township, Dauphin County, Pennsylvania (died February 3, 2006). Executrix: Lois Zettlemoyer, 3C Round Ridge Road, Mechanicsburg, PA Attorney: James D. Cameron, Esq., 1325 North Front Street, Harrisburg, PA f24-m10 ESTATE OF JEAN E. MOSER, late of Swatara Township, Dauphin County, Pennsylvania (died July 11, 2005). Executor: Robert Lee Moser, P.O. Box 208, Grantville, PA Attorney: Ann E. Rhoads, Esq., Cleckner and Fearen, 119 Locust Street, P.O. Box 11847, Harrisburg, PA f24-m10 ESTATE OF LOTTIE MILLER a/k/a LOTTIE M. MILLER, late of Swatara Township, Dauphin County, Pennsylvania (died December 18, 2005). Executrix: Debra Blascovich, 5631 Fordham Avenue, Harrisburg, PA Attorney: Jan L. Brown, Esq., Jan L. Brown & Associates, 845 Sir Thomas Court, Suite 12, Harrisburg, PA f24-m10 ESTATE OF WILHELMINA C. POTTEIGER, late of Susquehanna Township, Dauphin County, Pennsylvania (died January 1, 2006). Executor: David D. Hukill. Attorney: Stephanie Kleinfelter, Esq., Keefer Wood Allen & Rahal, LLP, 415 Fallowfield Road, Suite 301, Camp Hill, PA f24-m10

3 469 (2006)] DAUPHIN COUNTY REPORTS 469 Williams v. Kerr present case, Plaintiff, a third party, challenged the husband s paternity at a time during which this family was intact. There is no question that the mother and husband separated from September 2003 until the middle of February However, as we have set forth at length, even during that time, the mother and husband continued to work on their marital relationship, continued to spend holidays and birthdays together, maintain common health insurance and other financial information. Neither mother nor husband ever filed a divorce or sought a formal separation agreement. Likewise, it is not disputed that the mother had an intimate relationship with the Plaintiff, Tony Thompson, during that period of time, but from February 2004 until October 2004 through the time of the hearing on July 8, 2005, the mother, father and child indisputably lived together as an intact family. The mere fact that the mother and father separated physically for a period of six months in order to work on their marriage and that during that separation Ms. Hoover had sexual relations with Mr. Thompson does not overcome the presumption of the husband s paternity. In reaching this conclusion, we have looked at the totality of the evidence before us. We applied the presumption of paternity after having found that during the physical separation, Mr. and Ms. Hoover remained committed to their marriage and both put forth an effort to preserve their marital relationship, despite the mother s intimacy with the Plaintiff. As a matter of law, this Court finds that the presumption of paternity is appropriately applied to this marriage and this family. o Williams v. Kerr Practice Preliminary objection Medical records disclosure Mental Health Procedures Act Review. Plaintiff, acting pro se and intending to initiate custody proceedings upon his release from prison, sought disclosure of redacted portions of medical records concerning his minor son, which had been withheld based upon a determination that releasing the complete record was reasonably likely to endanger the life or physical safety of certain

4 470 DAUPHIN COUNTY REPORTS [122 Dauph. Williams v. Kerr individuals. The Court concluded that it was without power to review the determination of the mental health professionals, and sustained defendant s preliminary objection. 1. A demurrer is a preliminary objection that the pleadings fail to set forth a cause of action upon which relief can be granted under any theory of law. Regal Industrial Corporation v. Crum and Forster, Inc., et al., 2005 Pa. Super. LEXIS 4236, at 10 (December 20, 2005). 2. A parent may be denied access to his child s mental health records if, in the judgment of the director of the facility, the disclosure of those records raises the possibility of substantial detriment to the parent, guardian, or other person... Mental Health Procedures Act, 50 P.S. 7101, et seq., and 55 Pa. Code (e). Preliminary objection in the nature of a demurrer. C.P., Dau. Co., No CV Objection sustained and complaint dismissed with prejudice. Ronald L. Williams II, Pro Se. Grant H. Fleming and Jonathan B. Stepanian, for Defendant CHERRY, J., January 9, Presently before this Court is Defendants Blaine A. Kerr, PSHMC/COM Privacy Coordinator, the Penn State Milton S. Hershey Medical Center, et al. s (hereinafter defendants) Preliminary Objection to Plaintiff Ronald L. Williams, II s (hereinafter plaintiff) Complaint. Procedurally, this matter was initiated by complaint on September 8, Defendants filed a preliminary objection on September 27, 2005 and a brief in support of the preliminary objection on November 8, Plaintiff filed a response on November 25, 2005 and an opposing brief on December 8, This action, sounding in equity, seeks the release of certain medical records concerning plaintiff s minor child, Cullen Matthew Withrow, born November 28, Specifically, plaintiff asks the Court to order defendants to provide all medical documents pertaining to the child s psychiatric evaluation that was performed sometime between August 12 and 20, Plaintiff notes that, on an unspecified date, a redacted inpatient report was provided to him. However, plaintiff states: As the court can clearly determine, references to the Plaintiff s alleged mental health history were deleted. These deleted portions of the record primarily dealt with

5 469 (2006)] DAUPHIN COUNTY REPORTS 471 Williams v. Kerr the Plaintiff s alleged borderline schizophrenia, that he had a motor vehicle accident because of hallucination, and that Plaintiff has bipolar behavior, but he was never treated. These false, slanderous allegations made by the child s mother add credence to Plaintiff s initial claim that the child s mother had falsified the child s medical history and that the Defendant s [sic] in turn had improperly diagnosed the child. This sort of malicious deceit perpetrated by the child s mother and evidently endorsed by the Defendants, is exactly the reason that the Petitioner initially asked for the release of the medical records. (Plaintiff s complaint, September 8, 2005, 7 and 8). Plaintiff concludes that the release of the mental health records substantiates his claim that the child s mother willfully, maliciously, and intentionally, falsified the minor child s medical background, which resulted in misdiagnosis of the child. (Plaintiff s complaint, 12). Defendants inform that on October 22, 2004, the Director of the Milton S. Hershey Medical Center s Child and Adolescent Psychiatry Unit determined that releasing the complete record to plaintiff was reasonably likely to endanger the life or physical safety of certain individuals. (Defendants preliminary objections, 2). After plaintiff requested that the record be reviewed by another health-care professional to determine whether its release was appropriate, a second Milton S. Hershey Medical Center psychiatrist, who did not participate in the original decision, reviewed the child s medical record and determined, on January 25, 2005, that release of the complete mental health record to plaintiff was inappropriate. (Defendant s preliminary objections, 3). Subsequently, the Director of Child and Adolescent Psychiatry determined that it was appropriate to release redacted portions of the record to plaintiff. Defendants present one issue via preliminary objection: Whether Plaintiff has failed to state a legally cognizable claim against Defendants where no legal authority exists permitting review of a mental health professional s determination that releasing mental health records may result in harm to others.

6 472 DAUPHIN COUNTY REPORTS [122 Dauph. Williams v. Kerr Defendants demur to plaintiff s complaint because the Mental Health Procedures Act, 50 P.S. 7101, et seq., and 55 Pa. Code (e), 1 state that a parent may be denied access to his child s mental health records if, in the judgment of the director of the facility, the disclosure of those records raises the possibility of substantial detriment to the parent, guardian, or other person.... Defendants submit that, since there is no provision within the Pennsylvania Code that permits judicial, administrative, or other review of the determination that release of records may raise the possibility of substantial detriment to the parent, guardian, or other person, that determination is final and is not reviewable. Even if the determination were reviewable, defendants conclude that plaintiff fails to allege a violation of the established standard by which this determination is judged. Accordingly, defendants ask that plaintiff s complaint be dismissed with prejudice for failure to state a claim upon which relief may be granted. 1. So that the full import of subsection (e) may be realized, subsections (a) and (c) are also provided: 55 Pa. Code , Patient s access to records and control over release of records, provides in relevant part: (a) When a client/patient, 14 years of age or older, understands the nature of documents to be released and the purpose of releasing them, he shall control release of his records. For a client who lacks this understanding, any person chosen by the patient may exercise this right if found by the director to be acting in the patient s best interest. In the event that the client/patient is deceased, control over release of records may be exercised by the client s/patient s chosen executor, administrator or other personal representative of his estate, or, if there is no chosen personal representative, by a person otherwise empowered by court order to exercise control over the records. In the event that the client/patient is less than 14 years of age or has been adjudicated legally incompetent, control over release of the client s/patient s records may be exercised by a parent or guardian of the client/patient respectively. (c) A person who has received or is receiving treatment may request access to his record, and shall be denied such access to limited portions of the record only: (1) Upon documentation by the treatment team leader, it is determined by the director that disclosure of specific information concerning treatment will constitute a substantial detriment to the patient s treatment. (2) When disclosure of specific information will reveal the identity of persons or breach the trust or confidentiality of persons who have provided information upon an agreement to maintain their confidentiality. (e) The limitations in subsections (c) are applicable to parents, guardians, and others who may control access over records as described in subsection (a) except that the possibility of substantial detriment to the parent, guardian, or other person may also be considered.

7 469 (2006)] DAUPHIN COUNTY REPORTS 473 Williams v. Kerr Pursuant to 23 Pa.C.S.A [pertaining to custody of children and minors], plaintiff claims entitlement to the medical records of his minor child because he has the child s best interests at heart and believes that the child was misdiagnosed by the Defendants [sic] as suffering from an emotional disorder. (Plaintiff s response, November 25, 2005, 7). Plaintiff avers that the child s mother falsified the minor child s medical history by implying that plaintiff has psychological problems. Upon review of the Preliminary Report [attached to plaintiff s complaint] and comparing the Preliminary Report with the same Preliminary Report obtained by an independent source, the Court can clearly determine that references to Plaintiffs [sic] alleged mental health history were deleted. (Plaintiff s response, 11). Plaintiff alleges that defendants, in an attempt to avoid medical malpractice litigation, are attempting to cover up the fact that they were deceived by the Mother s falsified mental health history concerning plaintiff and the minor child. (Plaintiff s brief, December 8, 2005, 3 and 4, page 1). Plaintiff contends that defendants diagnosed the minor child with an emotional disorder and that the misdiagnosis was provided to other healthcare providers, who subsequently treated the child with anti-psychotic medication. Plaintiff is concerned that the unspecified medication may increase depression and thoughts of suicide. (Plaintiff s brief, 7 and 8). Although defendants state that the release of the complete medical record is reasonably likely to endanger the life or physical safety of certain individuals, plaintiff seeks clarification of who defendants are protecting the child or the child s mother. Based upon the information that plaintiff suggests is not included in the redacted medical records, plaintiff states that he wishes to have the child re-evaluated and that he intends, upon release from prison, to initiate custody proceedings Pa.C.S.A provides: (a) General rule. Except as provided in subsections (b) and (c), each parent shall be provided access to all the medical, dental, religious or school records of the child, the residence address of the child and of the other parent and any other information that the court deems necessary. (b) Court determination not to release information. The court, in its discretion, may determine not to release any part or parts of the information in this section but in doing so must state its reason for denial on the record. (c) Nondisclosure of confidential information. The court shall not order that the address of a shelter for battered spouses and their dependent children or otherwise confidential information of a domestic violence counselor be disclosed to the defendant or his counsel or any party to the proceedings.

8 474 DAUPHIN COUNTY REPORTS [122 Dauph. Williams v. Kerr against the child s mother. Plaintiff suggests that mother s malicious conduct involving the child s medical history is a pertinent part of this future custody action. (Plaintiff s response, 19). Finally, plaintiff references [the Pennsylvania Drug and Alcohol Abuse Control Act,] 71 Pa.C.S.A [0]8(b) 3 to persuade that disclosure of the medical record may be ordered by this Court after application is filed with good cause shown. Pa.R.C.P. 1028(a) provides the basis for defendants objection to the release of the minor child s medical record: Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: 1.) lack of jurisdiction... improper venue or improper form or service... ; 2.) failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter; 3.) insufficient specificity in a pleading; 4.) legal insufficiency of a pleading (demurrer); 5.) lack of capacity to sue, nonjoinder or a necessary party or misjoinder of a cause of action; 6.) pendency of a prior action or agreement for alternative dispute resolution; Pa.C.S.A (b) provides: All patient records (including all records relating to any commitment proceeding) prepared or obtained pursuant to this act, and all information contained therein, shall remain confidential, and may be disclosed only with the patient s consent and only (i) to medical personnel exclusively for purposes of diagnosis and treatment of the patient or (ii) to government or other officials exclusively for the purpose of obtaining benefits due the patient as a result of his drug or alcohol abuse or drug or alcohol dependence except that in emergency medical situations where the patient s life is in immediate jeopardy, patient records may be released without the patient s consent to proper medical authorities solely for the purpose of providing medical treatment to the patient. Disclosure may be made for purposes unrelated to such treatment or benefits only upon an order of a court of common pleas after application showing good cause therefore. In determining whether there is good cause for disclosure, the court shall weigh the need for the information sought to be disclosed against the possible harm of disclosure to the person to whom such information pertains, the physician-patient relationship, and to the treatment services, and may condition disclosure of the information upon any appropriate safeguards. No such records or information may be used to initiate or substantiate criminal charges against a patient under any circumstances.

9 469 (2006)] DAUPHIN COUNTY REPORTS 475 Williams v. Kerr 7.) failure to exercise or exhaust a statutory remedy; and 8.) full, complete and adequate non-statutory remedy at law. In this matter, defendants demur to plaintiff s complaint, pursuant to Pa.R.C.P. 1028(a)(4). A demurrer is a preliminary objection that the pleadings fail to set forth a cause of action upon which relief can be granted under any theory of law. Regal Industrial Corporation v. Crum and Forster, Inc., et al., 2005 Pa.Super. LEXIS 4236, at 10 (December 20, 2005). Bear v. Reformed Mennonite Church, 341 A.2d 105, 108 (Pa. 1975) reiterates the standard for judging a demurrer: A demurrer admits as true all well-pleaded facts and all inferences reasonably deducible from them, but not any conclusions of law.... Only if upon the facts averred, the law says with certainty that no recovery is permitted, will this court sustain the demurrer. Where a doubt exists as to whether a demurrer should be sustained, this should be resolved in favor of overruling it. (internal citations omitted). Pursuant to Bear, supra, this Court may sustain defendants demurrer only upon a showing that the law clearly shows that plaintiff is not entitled to the relief requested. Although he cites the general rule within 23 Pa.C.S.A. 5309, supra at footnote 2, to suggest that plaintiff, as parent of the minor child, is entitled to all of the child s medical records, we note that the rule clearly provides the Court with authority not to release any part, or parts, of the requested information. More compelling, however, is 55 Pa.Code , supra at footnote 1, which states that the healthcare provider may deny a parent access to a patient s record or may control release of the record if the director determines that release of the information creates the possibility of substantial detriment to the parent, guardian, or other person.... Conspicuously absent from 55 Pa.Code is a provision for judicial review of the director s determination. Although plaintiff contends that the release of the minor child s mental health records substantiate his claim that mother willfully, maliciously, and intentionally falsified the minor child s medical background, which

10 476 DAUPHIN COUNTY REPORTS [122 Dauph. Williams v. Kerr resulted in misdiagnosis of the child, (Plaintiff s complaint, 12), plaintiff fails to establish a violation of the afore-mentioned statute and fails to substantiate his claim. Finally, a review of the redacted portions of the record and the second psychiatric inpatient evaluation fails to substantiate plaintiff s claim that minor child was misdiagnosed as a result of mother s alleged slander and the alleged false reporting of the minor child s medical history. Accordingly, we enter the following: ORDER AND NOW, this 9th day of January 2006, upon consideration of Defendants Blaine A. Kerr, PSHMC/COM Privacy Coordinator, the Penn State Milton S. Hershey Medical Center, et al. s Preliminary Objection and supporting brief, Plaintiff Ronald L. Williams, II s response and opposition brief thereto, and upon review of the complaint, supporting documentation, and the applicable statutory and case law, IT IS HEREBY ORDERED that defendants preliminary objection in the nature of a demurrer is SUSTAINED. Accordingly, plaintiff s complaint is DISMISSED with PREJUDICE. o

11 FIRST PUBLICATION Estate Notices ESTATE OF MARY C. TIMM, late of Derry Township, Dauphin County, Pennsylvania (died Ocotber 16, 1997). Executor: John E. Castiglia, 3456 Nagle Court, Harrisburg, PA Attorney: William J. Peters, Esq., Peters & Wasilefski, 2931 North Front Street, Harrisburg, PA f24-m10 ESTATE OF IRA JAY POTTER, late of Lower Paxton Township, Dauphin County, Pennsylvania. Executrix: Corine L. Potter, 110 Leonard Lane, Harrisburg, PA Attorney: Charles J. DeHart, III, Esq., Caldwell & Kearns, 13 East Main Street, Hummelstown, PA f24-m10 SECOND PUBLICATION ESTATE OF RICHARD D. AURAND, late of the Borough of Highspire, Dauphin County, Pennsylvania (died January 11, 2006). Administrator: Jody P. Aurand. Attorney: George W. Porter, Esq., 909 East Chocolate Avenue, Hershey, PA f17-m3 ESTATE OF MARLIN L. HESS, late of Derry Township, Dauphin County, Pennsylvania (died November 25, 2005). Executor: Dennis L. Hess, 575 Trail Road, Hummelstown, PA Attorney: David W. DeLuce, Esq. Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA f17-m3 ESTATE OF SHIRLEY D. ROADCAP, late of Millersburg, Dauphin County, Pennsylvania (died January 10, 2006). Co-Executrices: Mildred M. O Donnell and Joanne E. Frank. Attorney: Linus E. Fenicle, Esq., Reager & Adler, P.C., 2331 Market Street, Camp Hill, PA Phone (717) f17-m3 ESTATE OF KATHRYN R. LENGLE, late of Lower Paxton Township, Dauphin County, Pennsylvania (died December 31, 2005). Administratrix: Heather Lengle. Attorney: Donna M. Mullin, Esq., James, Smith, Dietterick & Connelly, LLP, 134 Sipe Avenue, Hummelstown, PA Phone (717) f17-m3 ESTATE OF EVELYN H. FRICK, late of Susquehanna Township, Dauphin County, Pennsylvania (died January 4, 2006). Executrix: Ruth Ann McMillen, Manufactrers and Traders Trust Company, 213 Market Street, Harrisburg, PA Attorney: Jean D. Seibert, Esq., Wion, Zulli & Seibert, 109 Locust Street, P.O. Box 1121, Harrisburg, PA f17-m3 ESTATE OF DANIEL F. DIEHL, late of Lower Paxton Township, Dauphin County, Pennsylvania (died January 2, 2006). Co- Executrices: Sally D. Bruns and Ann D. Menger. Attorney: Richard W. Stevenson, Esq., McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, PA Phone (717) f17-m3 ESTATE OF FRANK BLOOM, late of Lower Paxton Township, Dauphin County, Pennsylvania (died January 23, 2006). Executor: Phillip Bloom. Attorney: Richard W. Stevenson, Esq., McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, PA Phone (717) f17-m3 ESTATE OF MARION L. MATTERN, late of Upper Paxton Township, Dauphin County, Pennsylvania (died January 13, 2006). Executrix: Elizabeth J. Mattern, P.O. Box 97, Elizabethville, PA Attorney: Earl Richard Etzweiler, Esq., 105 North Front Street, Harrisburg, PA Phone (717) f17-m3 ESTATE OF MILDRED R. DELL, late of City of Harrisburg, Dauphin County, Pennsylvania. Executor: Gary E. Dell, 959 South 21st Street, Harrisburg, PA Attorney: Joseph A. Curcillo, III, Esq., Beinhaur & Curcillo, 3964 Lexington Street, Harrisburg, PA f17-m3

12 SECOND PUBLICATION Estate Notices ESTATE OF JANE W. PAWLAK, late of Hershey, Dauphin County, Pennsylvania (died January 26, 2006). Co-Executrices: Stephanie P. Verdelli, Michelle P. Handley and Barbara P. Clay, 7 Deer Run Road, Hershey, PA Attorney: Linda J. Olsen, Esq., Law Firm of Killian & Gephart, 218 Pine Street, P.O. Box 886, Harrisburg, PA f17-m3 ESTATE OF BERT C. JOHNSTON, late of Susquehanna Township, Dauphin County, Pennsylvania. Co-Executrices: Diana J. Faust, 661 Elm Circle, Harrisburg, PA and Walene J. Gambler. Attorney: J. Stephen Feinour, Esq., Nauman, Smith, Shissler & Hall, LLP, P.O. Box 840, Harrisburg, PA f10-f24 ESTATE OF NOREEN D. THOMAS, late of the City of Harrisburg, Dauphin County, Pennsylvania (died December 10, 2005). Executor: John V. Thomas, 407 Pawnee Drive, Mechanicsburg, PA f10-f24 ESTATE OF CHARLES R. SCHUBAUER a/k/a CHARLES R. SCHUBAUER, SR., late of Dauphin County, Pennsylvania. Co-Executors: Walter G. Schubauer and Ronald M. Schubauer. Attorney: Anthony J. Fitzgibbons, Esq., 279 North Zinn s Mill Road, Suite D, Lebanon, PA f17-m3 ESTATE OF BRUCE L. CODER, late of Steelton Borough, Dauphin County, Pennsylvania. Executrix: Jane E. Coder, 1616 Clive Road, Oreland, PA Attorney: Allen D. Smith, Esq., 51 South Front Street, P.O. Box 7592, Steelton, PA f10-f24 ESTATE OF LEONA H. MOORE, late of Millersburg, Dauphin County, Pennsylvania (died December 31, 2005). Personal Representative: Calvin A. Teats 477 Isle of Q Road, Millersburg, PA Attorney: Allen Shaffer, Esq., Shaffer & Engle Law Office, 129 Market Street, Millersburg, PA f17-m3 ESTATE OF JEFFREY W. SWAINCOTT, late of Harrisburg, Dauphin County, Pennsylvania (died January 7, 2006). Administrator: Helen K. Swaincott. Attorney: Diane S. Baker, Esq., P.O. Box 6443, Harrisburg, PA f17-m3 THIRD PUBLICATION ESTATE OF GRACE M. ZERBE, late of Borough of Williamstown, Dauphin County, Pennsylvania (died January 18, 2006). Executrix: Susan J. Zerbe, 3024 North 5th Street, Harrisburg, PA f10-f24 ESTATE OF DOROTHY K. NEAGLE a/k/a DOROTHY K. NEAGLE SHUEY a/k/a DOROTHY SHUEY, late of Lower Paxton Township, Dauphin County, Pennsylvania (died November 6, 2005). Executrix: Karen A. Frey, 841 Twin Oaks Drive, Hummelstown, PA Attorney: Gary L. James, Esq., James, Smith, Dietterick & Connelly, LLP, 134 Sipe Avenue, Hummelstown, PA Phone (717) f10-f24 ESTATE OF BARBARA K. BARTON, late of Susquehanna Township, Dauphin County, Pennsylvania (died January 26, 2006). Co-Executors: Donald A. Till, 3940 Grace Road, Harrisburg, PA and Francis A. Zulli, Esq. 109 Locust Street, Harrisburg, PA Attorney: David A. Wion, Esq., Wion, Zulli & Seibert, 109 Locust Street, Harrisburg, PA f10-f24 ESTATE OF BARBARA A. SILVERBERG, late of Lower Paxton Township, Dauphin County, Pennsylvania. Executor: Gerald Silverberg. Attorney: John E. Feather, Jr., Esq., Feather & Feather, P.C., 22 West Main Street, Annville, PA f10-f24

13 THIRD PUBLICATION Estate Notices ESTATE OF MYRA W. SANDANNA, late of the City of Harrisburg, Dauphin County, Pennsylvania (died January 11, 2006). Executrix: MaryAnn Straw, 540 South 24th Street, Harrisburg, PA Attorney: Linda J. Olsen, Esq., The Law Firm of Killian & Gephart, 218 Pine Street, P.O. Box 886, Harrisburg, PA f10-f24 NOTICE IS HEREBY GIVEN that a Certificate of Authority for a business corporation was filed in the Department of State of the Commonwealth of Pennsylvania for REMAX ADVANCED INC., on February 6, The address of its principal office under the laws of its jurisdiction is 10 FILAWAY, SUITE 200, SPARKS, MD The address of this corporation s proposed registered office is Penncorp ServiceGroup, Inc., in the county of Dauphin. The Corporation is filed in compliance with the requirements of the applicable provision of 15 Pa.C.S. 4124(b). f24 ESTATE OF ANN TRANORES, late of Susquehanna Township, Dauphin County, Pennsylvania (died January 14, 2006). Executrix: Vasilikie J. Edelman, 3617 Centerfield Road, Harrisburg, PA Attorney: Steve C. Nicholas, Esq., Nicholas Law Offices PC, 2215 Forest Hills Drive, Suite 37, Harrisburg, PA f10-f24 NOTICE IS HEREBY GIVEN that Shobers Run Hotel Company II, LLC with a registered office in care of Corporation Service Company in Dauphin County does hereby give notice of its intention to withdraw from doing business in this Commonwealth as per 15 PA C.S The address of its principal office under the laws of its jurisdiction is 5950 Berkshire, Suite 990, Dallas, TX This shall serve as official notice to creditors and taxing authorities. f24 ESTATE OF MICHAELENE EPPINGER, late of Swatara Township, Dauphin County, Pennsylvania. Administrator: Russell Eppinger, Jr. Attorney: Anthony J. Nestico, Esq., Nestico, Druby & Hildabrand, LLP, 840 East Chocolate Avenue, Hershey, PA f10-f24 FIRST PUBLICATION Corporate Notices NOTICE IS HEREBY GIVEN that Falk US Property Income Fund, L.P., a foreign business corporation incorporated under the laws of the State of Delaware, intends to withdraw from doing business in this Commonwealth. The address, including street and number, if any, of its principal office under the laws of its jurisdiction is 6 Adelaide Street East, Suite 310, Toronto, Canada MSC 1H6. Its last registered office in this Commonwealth is c/o National Registered Agents, Inc. and is deemed for venue and official publication purposes to be located in Dauphin County. f24 NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Department of State of the Commonwealth of Pennsylvania at Harrisburg, Pennsylvania, on the 31st day of January 2006, for a business corporation organized under the Business Corporation Law of 1988, Act of December 21, 1988, P.L. 1444, No. 177, as amended. The name of the Corporation is: JOHNATHAN S FINE FURNITURE, INC. MICHAEL CHEREWKA, Esq. 624 North Front Street f24 Wormleysburg, PA NOTICE IS HEREBY GIVEN that Emery & Webb, Inc., a foreign business corporation incorporated under the laws of the State of New York, where its principal office is located at 989 Main Street, Fishkill, NY has applied for a Certificate of Authority in Pennsylvania, where its registered office is located at c/o Corporation Service Company. The registered office of the corporation shall be deemed for venue and official publication purposes to be located in Dauphin County. f24

14 FIRST PUBLICATION Corporate Notices NOTICE IS HEREBY GIVEN that the Certificate of Authority was filed with the Department of State, Commonwealth of Pennsylvania, at Harrisburg on December 22, 2005 for the purpose of obtaining a Certificate of Authority pursuant to the provisions of the Business Corporation Law of 1988, 15 Pa.C.S. Section The name of the corporation is Personnel Power, Inc. The purpose for which the corporation is organized is providing substitute teachers to schools on an as-needed basis. f24 NOTICE IS HEREBY GIVEN that Wells Fargo Armored Service Corporation (n/k/a BI-Armored Service Corporation), a foreign business corporation incorporated under the laws of the State of Delaware, intends to withdraw from doing business in this Commonwealth. The address, including street and number, if any, of its principal office under the laws of its jurisdiction is 4330 Park Terrace Drive, Westlake Village, California Its last registered office in this Commonwealth is c/o National Registered Agents, Inc. and is deemed for venue and official publication purposes to be located in Dauphin County. f24 NOTICE IS HEREBY GIVEN that an Application for Certificate of Authority has been filed with the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA on or about November 14, 2005, for a foreign corporation with a registered address in the state of Pennsylvania as follows: Graphic Designs International, Inc. c/o Esquire Assist Ltd. This corporation is incorporated under the laws of the State of Florida. The principal office is 3161 SE Slater Street, Stuart, FL The corporation has been qualified in Pennsylvania under the provisions of the Business Corporation Law of 1988 as amended. f24 NOTICE IS HEREBY GIVEN in compliance with the requirements of the Business Corporation Law of 1988, Act of December 21, 1988, P.L. 1444, No. 177, Section 103, effective October 1, 1989, as amended, on behalf of LENKER ESTATES WASTEWATER DIS- POSAL, INC.: 1. The name of the corporation is LENKER ESTATES WASTEWATER DISPOSAL, INC. 2. The corporation is organized under the provisions of the Business Corporation Law of 1988, approved December 21, 1988, P.L. 1444, No. 177, as amended, 15 Pa.C.S.A. Section 1301, et seq. 3. The purpose of the corporation is to engage in all lawful business for which corporations may be incorporated under the Business Corporation Law of Articles of Incorporation for the above corporation were filed with the Corporation Bureau of the Department of State of the Commonwealth of Pennsylvania on February 3, f24 NOTICE IS HEREBY GIVEN in compliance with the requirements of the Business Corporation Law of 1988, Act of December 21, 1988, P.L. 1444, No. 177, Section 103, effective October 1, 1989, as amended, on behalf of LENKER ESTATES HOMEOWNERS ASSOCIATION, INC.: 1. The name of the corporation is LENKER ESTATES HOMEOWNERS ASSOCIATION, INC. 2. The corporation is organized under the provisions of the Business Corporation Law of 1988, approved December 21, 1988, P.L. 1444, No. 177, as amended, 15 Pa.C.S.A. Section 1301, et seq. 3. The purpose of the corporation is to engage in all lawful business for which corporations may be incorporated under the Business Corporation Law of Articles of Incorporation for the above corporation were filed with the Corporation Bureau of the Department of State of the Commonwealth of Pennsylvania on February 3, f24

15 NOTICE IS HEREBY GIVEN that an Application for Certificate of Authority has been filed with the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA on or about February 3, 2006, for a foreign corporation with a registered address in the state of Pennsylvania as follows: Mortgage Sources Corp. c/o National Registered Agents, Inc. This corporation is incorporated under the laws of the Commonwealth of Kansas. The principal office is 7105 West 105th Street, Overland Park, KS The corporation has been qualified in Pennsylvania under the provisions of the Business Corporation Law of 1988 as amended. f24 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA CIVIL ACTION LAW No CV 658 CN EMINENT DOMAIN - IN REM IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE CITY OF HARRISBURG OF CERTAIN PARCELS OF REAL ESTATE IN THE CITY OF HARRISBURG IN CONNECTION WITH THE VACANT PROPERTY REINVESTMENT BOARD OF THE CITY OF HARRISBURG TO: FIRST PUBLICATION Corporate Notices FIRST PUBLICATION Miscellaneous Notices Tonya Powell James R. Miller Ronald Johnson Lawrence Parson, Sr. PLEASE TAKE NOTICE that a Declaration of Taking was filed by the Redevelopment Authority of the City of Harrisburg on February 13, The address of the condemnor is: Redevelopment Authority of the City of Harrisburg, 10 North Second Street, Harrisburg, Pennsylvania. The Condemnation action is authorized under the Urban Redevelopment Law of Pennsylvania, Act of May 24, 1945, P.L. 991, Section 9(1) and Section 12 (35 P.S. 1709, 1712). The Declaration of Taking was authorized by Resolutions adopted by the Board of the Redevelopment Authority of the City of Harrisburg at the meeting convened on January 17, The minutes of said meeting may be examined at the office of the Authority, 10 North Second Street, Harrisburg, Pennsylvania. The Redevelopment Authority of the City of Harrisburg, acting as agents for the Harrisburg Vacant Property Reinvestment Board of the City of Harrisburg and by authority of City Council Ordinance No , has been instructed to acquire various properties throughout the City through condemnation. The property condemned is all that certain piece or parcel of land situate in the City of Harrisburg, Dauphin County, Pennsylvania, known and addressed as: Tax Parcel No Address: 412 Maclay Street, Harrisburg, Pennsylvania. The condemnation vests title of fee simple absolute in this Authority. A property map showing the condemned property and legal description for same may be inspected at the office of the Authority, 10 North Second Street, Suite 405, Harrisburg, Pennsylvania. Just compensation has been made or secured by a Bond filed by the Authority with its Declaration of Taking in accordance with Section 403(a) of the Eminent Domain Code. IF YOU WISH TO CHALLENGE the power or the right of Condemnor to appropriate the condemned property, the sufficiency of the security, the procedure followed by Condemnor or the Declaration of Taking, you are required to file Preliminary Objections within thirty (30) days of this Notice of Condemnation. STUART J. MAGDULE, Esq. Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, PA f24 (717)

16 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA CIVIL ACTION LAW No CV 656 CN EMINENT DOMAIN - IN REM IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE CITY OF HARRISBURG OF CERTAIN PARCELS OF REAL ESTATE IN THE CITY OF HARRISBURG IN CONNECTION WITH THE VACANT PROPERTY REINVESTMENT BOARD OF THE CITY OF HARRISBURG TO: FIRST PUBLICATION Miscellaneous Notices Adrean Samuels Estella Moody PLEASE TAKE NOTICE that a Declaration of Taking was filed by the Redevelopment Authority of the City of Harrisburg on February 13, The address of the condemnor is: Redevelopment Authority of the City of Harrisburg, 10 North Second Street, Harrisburg, Pennsylvania. The Condemnation action is authorized under the Urban Redevelopment Law of Pennsylvania, Act of May 24, 1945, P.L. 991, Section 9(1) and Section 12 (35 P.S. 1709, 1712). The Declaration of Taking was authorized by Resolutions adopted by the Board of the Redevelopment Authority of the City of Harrisburg at the meeting convened on January 17, The minutes of said meeting may be examined at the office of the Authority, 10 North Second Street, Harrisburg, Pennsylvania. The Redevelopment Authority of the City of Harrisburg, acting as agents for the Harrisburg Vacant Property Reinvestment Board of the City of Harrisburg and by authority of City Council Ordinance No , has been instructed to acquire various properties throughout the City through condemnation. The property condemned is all that certain piece or parcel of land situate in the City of Harrisburg, Dauphin County, Pennsylvania, known and addressed as: Tax Parcel No Address: 2332 North 6th Street, Harrisburg, Pennsylvania. The condemnation vests title of fee simple absolute in this Authority. A property map showing the condemned property and legal description for same may be inspected at the office of the Authority, 10 North Second Street, Suite 405, Harrisburg, Pennsylvania. Just compensation has been made or secured by a Bond filed by the Authority with its Declaration of Taking in accordance with Section 403(a) of the Eminent Domain Code. IF YOU WISH TO CHALLENGE the power or the right of Condemnor to appropriate the condemned property, the sufficiency of the security, the procedure followed by Condemnor or the Declaration of Taking, you are required to file Preliminary Objections within thirty (30) days of this Notice of Condemnation. STUART J. MAGDULE, Esq. Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, PA f24 (717) IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA CIVIL DIVISION No CV 2004 NOTICE OF ACTION IN MORTGAGE FORECLOSURE M & T BANK, SUCCESSOR IN INTEREST TO ALLFIRST BANK, Plaintiff vs. ESTATE OF ARTHUR A. HOUSTON, Deceased, JESSIE HOUSTON, Administratrix, Defendants TO: JESSIE HOUSTON, ADMINISTRATRIX OF THE ESTATE OF ARTHUR A. HOUSTON NOTICE YOU ARE HEREBY NOTIFIED that Plaintiff has filed an action against you seeking to foreclose a mortgage secured by your property located at 2421 Berryhill Street, Harrisburg, PA whereupon your property would be sold by the Sheriff of Dauphin County.

17 FIRST PUBLICATION Miscellaneous Notices NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following, you must take action within twenty (20) days after this Complaint and Notice are served upon you, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a Judgment may be entered against you by the Court, without further notice, for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFOR- MATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA (717) AVISO Le han demandado a usted en la corte. Si usted quire defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin pervio aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propedades o otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGA- DO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PER- SONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUEN- TRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTEN- CIA LEGAL. SERVICIO DE REFERENCIA E INFORMACION LEGAL DAUPHIN COUNTY BAR ASSOCIATION 213 North Front Street Harrisburg, PA Telefono: (717) LORI A. GIBSON, Esq. Bernstein Law Firm, P.C. Suite 2200 Gulf Tower f24 Pittsburgh, PA IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA CIVIL ACTION LAW No CV-5021-MF CIVIL DIVISION NOTICE OF ACTION IN MORTGAGE FORECLOSURE CITIFINANCIAL SERVICES, INC., Plaintiff vs. LUIS RODRIGUEZ, Defendant TO: NOTICE Luis Rodriguez YOU ARE HEREBY NOTIFIED that on November 30, 2005, Plaintiff, Citifinancial Services, Inc., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Dauphin County, Pennsylvania, docketed to No CV-5021-MF. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 530 South l7th Street, Harrisburg, PA 17104, whereupon your property would be sold by the Sheriff of Dauphin County. YOU ARE HEREBY NOTIFIED to plead to the above referenced Complaint on or before twenty (20) days from the date of this publication or a Judgment will be entered against you.

18 FIRST PUBLICATION Miscellaneous Notices NOTICE IF YOU WISH TO DEFEND, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFOR- MATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA (717) IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA CIVIL ACTION LAW No CV-5101 MF CIVIL DIVISION NOTICE OF ACTION IN MORTGAGE FORECLOSURE WELLS FARGO BANK, N.A. s/b/m to WELLS FARGO HOME MORTGAGE, INC., Plaintiff vs. BROCK A. KREISER and BRENDA D. KREISER, Defendants f24 NOTICE TO: Brock A. Kreiser and Brenda D. Kreiser YOU ARE HEREBY NOTIFIED that on December 6, 2005, Plaintiff, Wells Fargo Bank, N.A. s/b/m to Wells Fargo Home Mortgage, Inc., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Dauphin County, Pennsylvania, docketed to No CV-5101 MF. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 135 Mountain View Road, Elizabethville, PA 17023, whereupon your property would be sold by the Sheriff of Dauphin County. YOU ARE HEREBY NOTIFIED to plead to the above referenced Complaint on or before twenty (20) days from the date of this publication or a Judgment will be entered against you. NOTICE IF YOU WISH TO DEFEND, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFOR- MATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA (717) f24

19 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA CIVIL ACTION LAW No CV-5121 MF CIVIL DIVISION NOTICE OF ACTION IN MORTGAGE FORECLOSURE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff vs. KYLE A. SPIDLE, Defendant TO: FIRST PUBLICATION Miscellaneous Notices NOTICE Kyle A. Spidle YOU ARE HEREBY NOTIFIED that on December 7, 2005 Plaintiff, Mortgage Electronic Registration Systems, Inc., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Dauphin County, Pennsylvania, docketed to No CV-5121 MF. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 320 Hamilton Street, Harrisburg, PA whereupon your property would be sold by the Sheriff of Dauphin County. YOU ARE HEREBY NOTIFIED to plead to the above referenced Complaint on or before twenty (20) days from the date of this publication or a Judgment will be entered against you. NOTICE IF YOU WISH TO DEFEND, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFOR- MATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA (717) SECOND PUBLICATION NOTICE OF AUDIT TO LEGATEES, NEXT OF KIN, CREDITORS AND ALL OTHER PERSONS CONCERNED f24 NOTICE IS HEREBY GIVEN that the following accounts have been filed by the respective accountants in the Office of the Register of Wills or with the Clerk of the Orphans Court Division of the Common Pleas of Dauphin County, as the case may be, and that the same shall be duly presented to the said Orphans Court Division at the Office of the Court Administrator for Audit, Confirmation and Distribution of the said ascertained balances to and among those legally entitled thereto on Tuesday, March 21, Pursuant to Dauphin County Orphans Court Rule , objections to an account must be filed in writing with the Register or Clerk no later than the close of business on Tuesday, March 14, BEIDEL, GLORIA C., Deceased, First and Final Account of Larry E. Beidel, Executor. 2. ISLER, BETTY J., Deceased, First and Final Account of Benjamin J. Butler, Administrator, C.T.A. 3. OBERHOLTZER, JOHN, Deceased, First and Final Account of Manufacturers and Traders Trust Company, Executor. 4. RILAND, MARY E., Deceased, First and Final Amount of Richard Sheesley, Mary Ellen Sheesley, and Paul Straw, Executors. 5. SALERNO, ROCHELLE L., Deceased, First and Final Account of James D. Bogar, Administrator. 6. SCHAFFER, PAUL A., Deceased, First and Final Account of Luann Schaffer- Yeager, Executrix.

20 SECOND PUBLICATION Miscellaneous Notices 7. SMITH, WILLIAM S., Deceased, First and Final Account of Robert C. Saidis, Executor. 8. SPURLOCK, JR., ROBERT, Deceased, First and Final Account of Alis Tyson, Administratrix. 9. WALLACE, SR., ARTHUR W., Deceased, First and. Final Account of Arthur W. Wallace, Jr., Administrator. Dated: February 10, 2006 /s/ SANDRA C. SNYDER Register of Wills and f17-f24 Clerk of the Orphans Court Division THIRD PUBLICATION NOTICE NOTICE IS HEREBY GIVEN that the Annual Meeting of the Members of the PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY will be held at 11:00 a.m. on Monday, April 3, 2006, at the Home Office of the Company, PNI Plaza, Two North Second Street, Harrisburg, Pennsylvania, for the purpose of electing Directors and the transacting of such other business as may be properly submitted. f10-f24 KENNETH R. SHUTTS Executive Vice President, Secretary & General Counsel NOTICE The annual meeting of the Merchants and Business Men s Mutual Insurance Company will be held at the Home Office of the Company, 275 Grandview Avenue, Suite 300, Camp Hill, Pennsylvania on Wednesday, April 26, 2006 at 9:00 o clock a.m. for the purpose of electing directors and for the transaction of such other business as may properly be brought before the meeting, at which time and place all policyholders are invited to be present. f10-f24 BRENDA W. RADLE ASSISTANT SECRETARY

21 REAL ESTATE APPRAISAL Representation, Consultation and Expert Testimony MARK W. HECKMAN Certified General Appraiser Mark Heckman Real Estate Appraisers Valuation Specialists of 1309 Bridge Street, Commercial, Residential, Industrial, New Cumberland, PA Investment and Development Land Real Estate since 1986 We offer: High Quality Service and Thorough Preparation Experience in Litigation and Legal Matters A History of, and Reputation for Successful Results (717)

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23 KURZENKNABE PRESS Printing The Dauphin County Reporter every week for nearly 100 years Graphic Design Electronic Pre-Press Invitations Announcements Legal Briefs Legal Backers Newsletters Business Cards Business Forms Envelopes Multi Color Printing Flyers Questionnaires Posters Tickets Photo Copies Labels Brochures Bindery 1424 HERR STREET HARRISBURG, PA TOLL FREE PHONE FAX Quality Printing Since 1893 ALLIED PRINTING R TRADES UNION COUNCIL LABEL 1 HARRISBURG, KURZENKNABE PRESS PA

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25 Vol. 122 DAUPHIN COUNTY REPORTS I CUMULATIVE TABLE OF CASES American Postal Worker s Union, AFL/CIO, Keystone Area Local, Lemnah v Appeal of Allegheny Airlines, Inc Atwood v. Power Systems Electric, Inc., et al Bell v. Stepping Stone, Inc., et al Bi-Nasr, Ramadan v Borough of Gratz, et al., Morgan v Boulware v. Yingst Buck, et al., Jackson v Capital Area Intermediate Unit, et al., DeRita v Capital City Cab Service, Inc. v. Susquehanna Area Regional Airport Authority Capozzi & Associates, P.C. v. County of Dauphin, et al Carrier v. Ingram, et al Commonwealth v. Druce Commonwealth v. Elliott Commonwealth v. Evans Commonwealth v. Fox previous opinion page number Commonwealth v. Gladden Commonwealth v. Johnson previous opinion page number Commonwealth v. Mitchell Commonwealth, Nethken v Commonwealth v. Saterstad Commonwealth v. Steele Commonwealth v. Varellas Commonwealth v. White Commonwealth v. Williams County of Dauphin, et al., Capozzi & Associates, P.C. v Cremation Society of Pennsylvania, Inc., et al., Pennsylvania Funeral Directors Association v Cromwell, Rummel v

26 II DAUPHIN COUNTY REPORTS Vol. 122 Cumulative Table of Cases Dauphin County Board of Assessment Appeals, Pennsylvania National Turf Club, Inc. v Dauphin County General Authority, Program Administration Services, Inc. v Dauphin Deposit Bank & Trust Co., et al. v. Good, Good v Davis, et al., Tyco Electronics Corp. v DeArmitt, et al., Hansel v previous opinion page number DeRita v. Capital Area Intermediate Unit, et al Druce, Commonwealth v Durbin v. Durbin Durbin, Durbin v Elliott, Commonwealth v Ether v. Ether previous opinion page number Ether, Ether v previous opinion page number Evans, Commonwealth v Finney v. Nastacio First Mutual Corporation v. Kreiger, et al previous opinion page number Fox, Commonwealth v previous opinion page number Gladden, Commonwealth v Good, Good v. Dauphin Deposit Bank & Trust Co., et al. v Good v. Dauphin Deposit Bank & Trust Co., et al. v. Good Hansel v. DeArmitt, et al previous opinion page number Harrisburg Area School District, Wells v Harrisburg Development, L.P., et al. v. Lower Paxton Township, et al Heck, Loney-Heck v Hoover, Thompson v Howells v. Howells Howells, Howells v

27 Vol. 122 DAUPHIN COUNTY REPORTS III Cumulative Table of Cases I. A. Construction Corp., et al., PennDOT v Ingram, et al., Carrier v In re: Tax Sale of 2002 Under the Real Estate Tax Sale Law of Jackson v. Buck, et al Jackson v. Tate; King v. Tate Johnson, Commonwealth v previous opinion page number Kerr, Williams v King v. Tate; Jackson v. Tate Kreiger, et al., First Mutual Corporation v previous opinion page number Lemnah v. American Postal Worker s Union, AFL/CIO, Keystone Area Local Lenzi, et al., Pennock v Loney-Heck v. Heck Lower Paxton Township, et al., Harrisburg Development, L.P., et al. v Manning v. Manning Manning, Manning v McNaughton v. McNaughton McNaughton, McNaughton v Meredith, Perrotti v Miller v. Miller previous opinion page number Miller v. Miller previous opinion page number Miller, Miller v previous opinion page number Miller, Miller v previous opinion page number Miller v. Twin Arches, Ltd Miller v. York Newspapers, Inc., et al Milton Hershey Medical Center, et al., Yang, et al. v

28 IV DAUPHIN COUNTY REPORTS Vol. 122 Cumulative Table of Cases Mitchell, Commonwealth v Morgan v. Borough of Gratz, et al Nastacio, Finney v Nationwide Insurance Company, Renyo v Nethken v. Commonwealth Packer v. Pinnacle Health System Pagan, et al., UBA Fire, Inc. v PennDOT v. I. A. Construction Corp., et al PennDOT, et al., Whitsel v Pennock v. Lenzi, et al Pennsylvania Funeral Directors Association v. Cremation Society of Pennsylvania, Inc., et al Pennsylvania National Turf Club, Inc. v. Dauphin County Board of Assessment Appeals Perrotti v. Meredith Peterson v. State Farm Fire & Casualty Company, et al Pierce v. Pierce Pierce, Pierce v Pinnacle Health System, Packer v Pitts v. Tate Power Systems Electric, Inc., et al., Atwood v Program Administration Services, Inc. v. Dauphin County General Authority Ramadan v. Bi-Nasr Reimert v. Trostle Renyo v. Nationwide Insurance Company Rhoads v. Rhoads Rhoads, Rhoads v Rizzutto, Saville v Rummel v. Cromwell Saterstad, Commonwealth v Saville v. Rizzutto Shaffer, Wetzel v State Farm Fire & Casualty Company, et al., Peterson v

29 Vol. 122 DAUPHIN COUNTY REPORTS V Cumulative Table of Cases Steele, Commonwealth v Stepping Stone, Inc., et al., Bell v Susquehanna Area Regional Airport Authority, Capital City Cab Service, Inc. v Tate, Pitts v Tate, Jackson; King v. Tate Thompson v. Hoover Trostle, Reimert v Twin Arches, Ltd., Miller v Tyco Electronics Corp. v. Davis, et al UBA Fire, Inc. v. Pagan, et al Varellas, Commonwealth v Wells v. Harrisburg Area School District Wetzel v. Shaffer White, Commonwealth v Whitsel v. PennDOT, et al Williams, Commonwealth v Williams v. Kerr Yang, et al. v. Milton Hershey Medical Center, et al Yingst, Boulware v York Newspapers, Inc., et al., Miller v

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